First, it is important to recognize that your question impacts two separate bodies of law. Divorce law is a matter of state law. Immigration law is a matter of federal law. In the state of Washington, if one party wants a divorce, the reality is there is going to be a divorce. Immigration law has no impact on whether there will be a divorce. The mere fact that one of the parties may not be a US citizen does not change the fact that there will be a divorce. In terms of the division of debts and property, the court is supposed to look at a number of factors in crafting a division. Some of those factors are: the nature and extent of the property; the characterization of the property (separate or community); the duration of the marriage; the ages of the parties; the health of the parties; the educational background of the parties; and the work history of the parties. The fact that one of the parties is not a US citizen generally does not impact the division of debts and property. However, federal immigration law may have an impact on support. This depends on exactly how the non-US citizen got into the country and what his or her immigration status is. To get a clear answer on this issue, you would need to contact an immigration attorney.

Under Washington law either party is entitled to a divorce if they want it. If your husband wants a divorce, you cannot force him to stay married to you. If the two of you cannot agree on the terms of the divorce, the court will decide issues like division of property and support.

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